Court finds no evidence of intent to kill newborn; investigation nearly complete and custodial interrogation deemed unnecessary
In a significant decision dated September 11, 2026, the Kerala High Court, presided over by Dr. Kauser Edappagath, J., granted pre-arrest bail to Abhirami, a 20-year-old unmarried woman accused of throwing her newborn baby out of a hospital bathroom window at Taluk Head Quarters Hospital, Haripad. The applicant faced charges under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, relating to abetment of an offense.
The incident occurred on the night of May 25, 2026, when Abhirami was admitted to the hospital complaining of stomach pain. According to the prosecution, the applicant gave birth in the hospital bathroom and then allegedly threw the newborn female child through the window, purportedly intending to cause the infant's death.
However, upon reviewing the case diary and hearing arguments from both sides, the court noted a critical absence of evidence suggesting that Abhirami had the intention to cause the child's death. The court also observed that the applicant had no prior criminal record and the investigation was substantially complete, reducing the necessity for custodial interrogation.
Considering these factors, the court found it appropriate to grant pre-arrest bail. The bail was conditioned on Abhirami executing a bond of Rs. 1,00,000 with two solvent sureties of the like amount, cooperating fully with the investigation, and regularly appearing before the investigating officer. Additional conditions included prohibiting the applicant from influencing witnesses, committing any similar offense during the bail period, or leaving Kerala without court permission.
The decision underscores the court's cautious approach in balancing the rights of the accused with the interests of justice, especially in sensitive cases involving unmarried women and newborns, while ensuring that the investigation proceeds unhindered.
Bottom Line:
Pre-arrest bail granted to an unmarried lady accused of throwing her newborn baby out of a hospital bathroom window, as there was no evidence suggesting the act was committed with the intention to cause the death of the child, and custodial interrogation was deemed unnecessary.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Section 109(1)
Abhirami v. State of Kerala, (Kerala) : Law Finder Doc Id # 2979933
